1. What if any are my rights to have schedule visitation with my grandson who is 12 in Ohio?? My daughter died last February of unknown causes and his father is being unreasonable. I don't think I have any inherent rights...
The good news is that you do. In Ohio, grandparents may petition for visitation rights only under very limited circumstances, one of which is that either the father or the mother
of the child is deceased.
The specific Ohio statutes setting forth these rights are in Ohio Revised Code § 3109.051, Ohio Revised Code § 3109.11, and Ohio Revised Code § 3109.12.
A court will likely grant a petition for visitation rights under these circumstances if it finds that the visitation is in the best interests of the child. How much time you will be entitled to will depend entirely upon the particulars of the case, there are no guarantees. It is not unreasonable to ask for time on holidays, birthdays, and the like, so long as this is time you spent with the child in the past. But again, it will be entirely within the discretion of the judge.
2. why then have "Grandparent's Right Law" in this state?? What good does it do ?
It allows the children to maintain some contact with extended family
, but without crossing the line of violating the parent's rights to control their children's access to third parties. The general idea behind the limitation is that parents have a constitutional right to their children. This means that the state is restricted in what it can do when it comes to telling parents who their children can or cannot spend time with. On the other hand, the courts understand that it is in the best interest of children to maintain a relationship with extended family. The difficult position for the courts and the legislature is balancing that interest against a parent's right to raise their children how they see fit. It is a fine line, and a difficult issue, but that is why it is there and why the parents wishes carry so much more weight than you might think is right.